The Municipal Court Rules

RULE 1: PREFATORY RULE

(a) Rules Adopted. The following rules of the Municipal Court of the City of

Wichita numbered 1 through 24 are hereby adopted effective January 18, 2018.

(b) Repeal of Former Rules. All rules of the Municipal Court of the City of

Wichita numbered 1 through 25 which were in effect immediately prior to the effective

date of these rules are hereby repealed as of January 18, 2018.

(c) Statutory References. In these rules, wherever there is a reference to

a section of a statute by number, it shall be deemed to be a reference to the Kansas

Statutes Annotated or Supplement or amendment thereto unless a different statute is

indicated.

(d) Ordinance References. In these rules, wherever there is a reference to

an ordinance of the City of Wichita by number, it shall be deemed to be a reference to

the section of the City Code of the City of Wichita or amendment thereto unless a

different ordinance or charter ordinance is indicated.

(e) Gender References. In these rules, wherever by pronoun there is a

reference to a male or a female, such reference shall be deemed to include either male

or female genders, unless the language of such rule specifically indicates otherwise.

RULE 2: DEFINITIONS

2.1 As used in these rules, and unless the context requires otherwise, the

following definitions shall supplement those definitions found in K.S.A. 12-4113:

The City of Wichita Municipal Court Rules

A. "Court" means any duly appointed Municipal Judge, sitting as a

Division to hear such cases, of the Municipal Court of Wichita, Kansas,

including any Judge Pro Tempore appointed for a particular case, docket,

division or session of the municipal court.

B. "Court Clerk" means the duly appointed Clerk of the Municipal

Court of Wichita, Kansas, or any duly designated deputy thereof as

designated by the Municipal Court Administrator or by the City Council of

the City of Wichita, Kansas.

C. "Criminal Offense" means any act or omission defined by City

Code or City Ordinance and for which, upon conviction, imprisonment or

fine, or both imprisonment and fine, is authorized, or in the case of a traffic

infraction, a fine is authorized.

D. "Legal Holidays" shall be as provided by the City Council of the

City of Wichita, Kansas.

E. "Prosecutor" shall mean any attorney duly designated by the City

Attorney of Wichita, Kansas, to represent said City in the prosecution of

a defendant for the violation of any duly adopted City Ordinance or who

is authorized on behalf of the City of Wichita by the City Attorney to

appear in any civil proceeding within the jurisdiction of the Municipal

Court.

F. "Traffic Offense" means any criminal offense which relates to the

regulation of traffic on the roads, highways or streets or the operation of

self-propelled or non-self-propelled vehicles of any kind and for which,

upon conviction, imprisonment or fine, or both imprisonment and fine, is

authorized or in the case of a traffic infraction, a fine is authorized.

RULE 3: COURT HOURS

3.1 The court shall convene at City Hall at 8:00 a.m. until noon and reconvene

at 1:00 p.m. until that day's business is concluded.

3.2 Other divisions and sessions of court shall meet as directed and

scheduled by the Chief Judge pursuant to Rule No. 9.2, infra.

RULE 4: PRESIDING or CHIEF JUDGE

4.1 The Presiding or Chief Judge shall be in charge of the administration of

the judicial functions of the Court pursuant to Charter Ordinance No. 223, Section 2.

Such presiding or Chief Judge shall, by statute and within guidelines established by the

Code of the City of Wichita and these Municipal Court Rules, represent the court in

business, administrative and public relations matters. When appropriate, such Chief

Judge shall meet with (or designate other municipal court judges to meet with)

committees of the bench, bar, city staff and media to review matters of administration,

the judiciary, and to promote understanding of the municipal court system.

4.2 The Presiding or Chief Judge shall have general control over the

assignment of cases within the Municipal Court. Assignment of cases shall be designed

to distribute as equally as is reasonably possible the judicial work of the Municipal Court.

4.3 The Presiding or Chief Judge shall issue Administrative Orders relating

to policies of the municipal court regarding judicial functions and court operations. Such

Administrative Orders shall supplement these Rules. Such Administrative Orders shall

be signed and delivered to the Municipal Court Administrator for distribution as

attachments to the Rules of the Municipal Court. Copies of such Administrative Orders

will be made available by the Municipal Court Administrator for distribution, (as needed),

and upon request to interested parties.

RULE 5: JUDGES PRO TEMPORE

5.1 In the event one of the Municipal Judges is temporarily unable to preside

due to absence, illness, or disqualification, or as may otherwise be required to preside

at additional sessions of the municipal court docket as may be needed, the Presiding or

Chief Judge or another Municipal Judge in his or her absence, shall designate an

attorney to act as Judge Pro Tempore.

5.2 The Judges Pro Tempore shall have the same powers and duties as the

duly appointed municipal court judges as to all cases appearing on the docket to which

such Judge Pro Tempore is assigned. Whenever a defendant who is scheduled to

appear upon a docket assigned to a Judge Pro Tempore also has other cases in which

warrants or show cause orders have been issued, such Judge Pro Tempore may, take

any of the following actions in such undocketed cases:

(1) withdraw such warrants or serve show cause orders;

(2) determine or review the amount of bond in such

undocketed cases;

(3) allow the defendant to set such matters for hearing on the

appropriate docket of the court;

(4) accept pleas of guilty or no contest;

(5) order a pre-sentence investigation upon conviction;

(6) impose sentence and judgment upon conviction; and

(7) hear and decide oral requests for probation or parole upon

any such case in which the defendant entered a plea of guilty or

no contest before such Judge Pro Tempore.

5.3 On any court day during which none of the regularly appointed municipal

court judges will be available due to judicial meetings or training, the Chief Judge may

designate one or more Judges Pro Tempore to be delegated additional judicial powers

of a municipal court judge beyond those specified in Rule No. 5.2, supra, during the

absence of the other municipal court judges.

RULE 6: APPEARANCE BONDS

6.1 Any person arrested while operating or attempting to operate a motor

vehicle while under the influence of alcohol may be held by the Sedgwick County

Detention Facility to allow such individual sufficient time to become sober enough not to

be a danger to himself or others and to be capable of understanding the obligations he

or she has to the court upon release from custody upon such charge. The arrestee may

be detained only if an officer determines, based upon his/her personal observations, that

the arrestee is intoxicated and a danger to him/herself or others and follows the

procedures as set forth in Rule 6.2. Such individualized determination must be

reasonable under the circumstances and the officer may not assume that all persons

arrested for DUI are intoxicated and dangerous. In the event it is necessary for a

defendant to post an appearance bond, the provisions of K.S.A. 12-4301 shall be

followed.

6.2 Any person charged with any violation under the Domestic Violence ordinances of

the City of Wichita shall be held a minimum of six (6) hours prior to being allowed to post a cash

or surety bond if the officer:

a. Makes an individualized determination that the person held is a danger to himself/

herself or to others; and

b. the individualized determination is based upon the personal observations of the

officer and are reasonable under the circumstances; and

c. the officer completes a “Protective Custody” affidavit outlining the facts and circumstances upon which he/she relies to make their determination.

6.3 Any person charged with any violation under the Domestic Violence

ordinances released to any appearance bond by the Sedgwick County Detention Facility

or by the Warrant Office must have included in the conditions of any appearance bond

for his or her release a specific provision advising the accused to have no contact with

the persons, premises or workplace of the alleged victim in such case for a 72 hour

period of time following their release. The 72 hour period shall not include weekends or

holidays.

6.4 Except as otherwise provided in these Rules, and in addition to the

provisions in Charter Ordinance No. 224, Section 4, and K.S.A. 12-4301 and 12-4302,

the following procedures shall apply to the release of persons charged with a violation

of a municipal ordinance upon their own recognizance:

A. A resident of the State of Kansas shall be allowed to be

released upon their own recognizance, except:

(1) When serving a sentence;

(2) When there is a Municipal Court Commitment pursuant to

conviction;

(3) When there is an outstanding Bench Warrant;

(4) When the accused has failed to meet the specific

obligation of a bail or bond set by a municipal court judge as:

(a) “Cash Only”, meaning that the entire amount of the

bail set must be posted by cash, money order or certified

check with the clerk of the municipal court or his duly

authorized designee. See K.S.A. 12-4301 (a).

(b) “No O.R.”, meaning that the face amount of the bail

must be satisfied by the posting of a professional surety

bond, real property pledge bond as approved by a

municipal court judge, or by cash, money order or certified

check with the clerk of the municipal court or his duly

authorized designee.

(5) The accused has been returned to the custody of the

Sedgwick County Detention Facility on a “bond recall” by a

professional or other surety financially responsible on a previously

set bond in order to be relieved of such obligation by the court.

B. A non-resident of the State of Kansas shall be required to

post a professional surety bond, or other bond secured by cash, money

order, or certified check pursuant to the conditions of the bond set before

being allowed release, unless otherwise specifically permitted an own

recognizance or signature bond in that case by a municipal court judge.

6.5 Instructions to the Sedgwick County Detention Facility pertaining to the

release of a prisoner serving a sentence, or otherwise in custody pursuant to any

Municipal Court Commitment, Bench Warrant or bail set will be designated upon a

Prisoner Commitment/Release Form signed by a municipal court judge and issued

through the Court Clerk's Office, or by the Judge directly, to the Staff Duty Commander

or the Booking Lieutenant at such facility.

6.6 An attorney practicing in the City of Wichita may be authorized by a

municipal court judge to obtain the release of a client to his or her custody upon the

client's recognizance regardless of the residence of the client. The attorney will assume

responsibility for the appearance of such client on the date scheduled for hearing

pursuant to these Rules. Such counsel will be deemed such client’s attorney of record

therein and will not be permitted to withdraw as attorney of record except as permitted

pursuant to Rule 8, infra.

6.7 In the event it is necessary for a defendant to post an appearance bond,

the provisions of K.S.A. 12-4301 shall be followed. In setting, modifying, or revoking

bonds the Court shall consider the factors and guidelines found in K.S.A. Chapter 22,

Article 28.

6.8 A cash bond can be returned to, and collected by, the person posting the

bond upon disposition of the case upon proof of proper identification and the cash bond

receipt. The Court may order that prior to the return of any such cash bond monies that

the amount of any outstanding fines, costs and restitution owed by the Defendant, or

which may be owed by the individual posting such bond on behalf of the Defendant, be

deducted from the cash bond by the clerk of the municipal court prior to returning the

balance of such cash bond to such Defendant or other individual posting such bond. If

the case is appealed, the cash bond cannot be collected by, or returned to, the person

posting such bond until final disposition of the case in District Court except by the specific

approval of a municipal court judge upon proof of proper identification and the cash bond

receipt by the individual requesting such return. The cash bond will be forfeited if the

defendant fails to appear in Court as directed, and a warrant for such defendant’s arrest

will be issued.

RULE 7: PROCEDURES INVOLVING NOTICES TO APPEAR

7.1 For any criminal or traffic offense where no court appearance is required

or requested, and where a schedule of fines for criminal and traffic offenses has been

promulgated and approved by the court, defendant or counsel for such defendant may

obtain one (1) extension of time not to exceed thirty (30) days from the Court Clerk

without setting the matter for an appearance before a judge.

7.2. After one (1) such clerk’s extension of time has been given, the clerk may

not again extend or delay a court appearance in such case except:

A. upon the written authority of a judge; or

B. as may otherwise be permitted by these Rules.

RULE 8: COUNSEL

8.1 All defendants may be represented by counsel before the Municipal Court

of Wichita, Kansas. Defendants may also represent themselves and appear without

counsel.

8.2 Any attorney appearing for a defendant shall enter his or her appearance

by notifying the Court in writing or by phone. Upon receipt of such notification, the

Municipal Court Clerk shall enter such attorney’s name and bar number as attorney of

record.

8.3 No limited entries of appearance will be permitted by counsel merely to

apply for the defendant’s release from custody, to reduce a bond, to withdraw a warrant,

or to obtain a continuance of the case. Once an attorney has voluntarily entered his or

her appearance on behalf of a defendant, such attorney may not withdraw from such

representation without filing a motion to withdraw, notifying his or her client of such

motion and scheduling the motion for hearing.

8.4 Any attorney not licensed to practice in the State of Kansas, but who is

licensed as an attorney in good standing in another state, may be recognized as an

attorney by this Court and may participate in any particular case, but only if such attorney

first associates with a local "attorney of record" licensed to practice in this state. The

Kansas attorney of record shall be actively engaged in the conduct of the matter or

litigation, shall sign all pleadings, documents, and briefs, and shall be present throughout

all court appearances. Service may be had upon the associated Kansas attorney within

this state in all matters connected with said action, hearing or proceeding, with the same

effect as if personally made on the out-of-state attorney. Any out-of-state attorney

permitted to enter an appearance before the Court pursuant hereto shall be subject to

the order of, and amenable to disciplinary action, by the courts, agencies, or tribunals of

this state.

8.5 If the Municipal Court Judge has reason to believe that, if found guilty,

the accused person might be deprived of his or her liberty, and such person is not

financially able to employ counsel, the judge shall appoint an attorney to represent the

accused person. Financial inability to employ counsel shall be determined by the

methods provided in City Code Section 1.04.210 of the Code of the City of Wichita, and

by these Rules, and by the policies of the Chief Judge.

8.6 Persons requesting appointment of counsel shall be advised in writing

that the appointment of counsel does not mean that such services will be provided free

of charge; such notification shall specifically advise the accused that the reasonable

costs of legal services provided to the accused may be subsequently or ultimately

assessed against him or her as part of the court costs, or as a condition of any probation,

parole or suspended sentence imposed in any of the cases upon which he or she may

be convicted and sentenced, or may otherwise be collected by assessment or by

separate civil action by the City of Wichita against the accused.

A. Whenever the City Attorney or City Prosecutor has at the time of

arraignment, first appearance, or prior to the appointment of counsel,

agreed in writing not to request any jail term be imposed should the

accused be convicted, even though the ordinance involved permits the

imposition of a jail sentence, the Court may accept and endorse such

agreement in writing and file the same in the case. Upon such Court’s

acceptance and endorsement of the City’s promise not to request any jail

time in such case, the Court will not appoint a public defender to

represent such defendant solely in such case. See City Code Section

1.04.065.

B. Should the Court, in its sound discretion, refuse to accept and

endorse the City Attorney’s or City Prosecutor’s promise made pursuant

to City Code Section 1.04.065, and amendments thereto, not to request

any jail time, because the Court believes that upon conviction the Court

would be required by law to impose a jail sentence, or otherwise finds

that it would not be in the interests of justice to promise that no jail

sentence would be imposed, the Court may disregard such promise and

advise the accused in open court that the Court will not accept the City’s

offer. In such cases the Court may appoint counsel to represent the

accused, if otherwise permitted by these Rules, and not withstanding any

ordinance to the contrary. See K.S.A. 12- 4405 and City Code Section

1.04.210.

C. Should additional or new cases be docketed in the Municipal

Court against the accused subsequent to the filing of the City’s promise

not to request the imposition of a jail sentence in an earlier case, the

Court may disregard such promise upon notice to the accused in open

court so long as none of the substantive rights of the accused have been

prejudiced, and if otherwise permitted by these Rules, appoint counsel to

represent the accused in all such cases pending in Municipal Court.

8.7 An attorney of record may be permitted by the Court to withdraw when

such request to withdraw is accompanied by a written "Entry of Appearance" of another

attorney able and ready to proceed with the case as then scheduled, and where such

substitution of counsel is acknowledged by the defendant. Otherwise the withdrawal of

an attorney of record will only be granted upon good cause shown as permitted by these

Rules.

8.8 In the interests of justice, and with the consent of the defendant, the Court

may permit a defendant to sign a "Waiver of Counsel" form in each docketed case and

proceed forthwith in such case acting as his or her own attorney.

8.9 Should a defendant fail to appear as scheduled for any court appearance,

and if in the interests of justice, the Court may grant an oral or written motion

contemporaneously made by such defendant's attorney of record to withdraw in such

case and issue a warrant for the arrest of such defendant.

8.10 Except as permitted by Rules 8.7 through 8.10, an attorney who has

appeared of record in any case may not be relieved of his duties to the court, his client,

and opposing counsel until such attorney of record has:

A. served a motion for withdrawal on the client and on opposing

counsel;

B. served a notice of hearing on such motion upon the client at such

client's last known address according to the records of the court and upon

opposing counsel;

C. filed copies of the motion, notice of hearing and proof of the

service thereof with the clerk; and

D. the judge has entered an order approving the withdrawal.

8.11 Motions to withdraw by counsel of record are not favored, particularly

after such counsel has set the matter for trial. In such cases the court should be reluctant

to grant such motions in the absence of a good faith showing of an appearance of a

conflict of interest or other ethical ground which would require such attorney to withdraw

as counsel of record as a matter of law. The failure or inability of an attorney to collect

a fee, or the mere failure of a defendant to contact such counsel between court hearings,

will not, per se, constitute sufficient grounds to permit an attorney to withdraw as counsel

of record in a case once the matter has been set for trial by such attorney.

8.12 Factors to be considered by the court in granting or denying a motion by

counsel to withdraw shall include (a) the grounds for the withdrawal request; (b) the

existence of any possible conflict of interest; (c) the effect upon speedy trial issues if the

motion is granted; (d) the inconvenience caused to the witnesses at any trial dates

previously or presently scheduled; (e) the prejudice which may be suffered by the

Defendant if the motion is granted or denied; (f) the prejudice to the City of Wichita if the

motion is granted or denied; (g) the absence or presence of written authority by the

accused to the attorney of record to dispose of the charges in such case in the absence

of the accused; and (h) any other relevant factors.

8.13 The failure of counsel to appear at the hearing on a motion to withdraw

will be deemed grounds for the denial of such motion.

8.14 Should counsel be engaged in courts of general jurisdiction, such cases

shall take precedence upon conflicting appearances in the municipal court. Counsel

shall be considered engaged in a court of general jurisdiction when he or she is

physically present in such court and participating in, or awaiting imminent trial, hearing

or appellate review. Under such circumstances counsel is obligated to notify the

municipal court and opposing counsel of the scheduling conflict and to make a good

faith effort to resolve such conflict before the date of such scheduling conflict.

8.15 To avoid scheduling conflicts, a case may be scheduled for a “Trial

Certain.” Such scheduling may be ordered by the judge or at the request of either party.

If requested and approved by the judge, a specific date and time will be scheduled for

the trial. All parties are expected to be present and ready to proceed at the specified

time.

8.16 Once counsel for a defendant has set the matter for trial or other

evidentiary hearing, such counsel is expected to appear on behalf of such defendant in

person in the municipal court except as otherwise may be permitted by these Rules.

The mere fact that such counsel may in good faith anticipate that the defendant will fail

to appear, or the mere fact that such defendant may have failed to meet the contractual

obligations to such attorney, or to keep in communication with such counsel, do not

serve to excuse the failure of such counsel of the duties to appear in court and to keep

the court and opposing counsel advised as required by law, by court rules, or by ethical

considerations.

RULE 9: DAILY DOCKET - SESSIONS

9.1 The divisions of the court shall be in session on each day of the year

except Saturdays, Sundays, and legal holidays, except as otherwise provided herein. A

designation of these days of court shall be made at the beginning of each calendar year,

and a copy thereof shall be filed by the Clerk of the Municipal Court with the Clerk of the

18th Judicial District Court.

9.2 Each Division of the Court shall have a written docket sheet for the daily

dockets, and said dockets may include special divisions or sessions for criminal,

domestic violence, driving under the influence, drug, environmental, mental health,

traffic, expungement or impound proceedings as the Chief Judge may prescribe.

9.3 Cases will be scheduled for arraignments, appearances, trials,

disposition, sentencing and other hearings as may be required or authorized by City

Ordinance or by the Chief Judge in accordance with a schedule, which is available in

the Office of the Clerk of the Municipal Court.

With regard to the court dockets, the following classifications are used:

A. "Criminal Court Docket" refers to the municipal court

docket session designated to include any violation(s) of criminal

offense(s) as found within City Code Title 5, except Domestic

Violence and Drug Cases.

B. "Domestic Violence Court Docket" refers to the municipal

court docket session designated to include cases alleging any

criminal offense(s) involving any harmful physical contact or the

threat thereof between family or household members or

unmarried couples, including the destruction of property or the

threat thereof as a method of coercion, control, revenge or

punishment, or any criminal offense(s) alleging failure to obey

bond restrictions imposed in such case, and any separate criminal

cases connected to any such case (see City Code Section

1.06.010 [c]).

C. "Driving Under Influence Court Docket" refers to the

municipal court docket session designated to include any traffic

or criminal offense(s) involving, or connected to, a charge of

Driving Under the Influence or Alcohol, or Drugs, or both pursuant

to City Code Sections 11.38.150 or 11.38.155.

D. "Drug Court Docket" refers to the municipal court docket

session designated to include any criminal offense(s) involving,

or connected with, the use, possession or control of any

hallucinogen, depressant, stimulant, anabolic steroid, or other

substance identified within the Uniform Controlled Substance Act,

K.S.A. 65-4101 et seq., City Code Sections 5.26.010 et seq. or

5.28.010 et seq. and includes the use or possession with the

intent to use any drug paraphernalia related to the possession or

use of any such substance.

E. "Environmental Court Docket" refers to the municipal court

docket session designated to include any criminal offense(s)

relating to Animals (City Code Title 6); Public Health (City Code

Title 7); Nuisances (City Code Title 8); Industries (City Code Title

14); Fire Protection (City Code Title 15); Sewers, Sewage

Disposal and Drains (City Code Title 16); Water (City Code Title

17); Building Code (City Code Title 18); Electricity (City Code Title

19); Housing (City Code Title 20); Plumbing and Gas Fitting Code

(City Code Title 21); Air Conditioning, Refrigeration and Warm Air

Heating Code (City Code Title 22); Awnings, Canopies and

Marquees (City Code Title 23); Billboards and Signs (City Code

Title 24); Oil and Gas Wells (City Code Title 25); Trailer and

Trailer Camps (City Code Title 26); Flood Damage Prevention

(City Code Title 27); Wichita-Sedgwick County Unified Zoning

Code (City Code Title 28); or Solar Energy Installation (City Code

Title 29).

F. "Impound Court Docket" refers to the municipal court

docket session designated to include any civil or administrative

proceeding(s) authorized by City Code Section 11.97.040 relating

to the assessment of towing and storage charges of vehicles

impounded by the Wichita Police Department.

G. "Traffic Docket" refers to the municipal court docket

session designated to include any violation(s) of traffic offense(s)

as found within City Code Title 11, except Driving under the

Influence of Alcohol and/or Drugs.

9.4 The first Friday of each month shall be reserved as a court day for the

judges and municipal court staff to utilize for meetings and other non-courtroom

business. Except as designated herein, no cases shall be set or docketed for the first

Friday of each month except: Video

8:15 a.m. Arraignments and Appearances

10:15 a.m. Domestic Violence

Courtroom B

10:30 a.m. Bond-outs for Domestic Violence

If the first Friday of a month is also a legal holiday, the Chief Judge may designate

another day to serve as the monthly court day.

9.5 The Chief Judge may declare as necessary other days for a reduced

court docket, such as the American Bar Association Law Day activities, Wichita Bar

Association Judges' Day activities, etc. The Chief Judge shall provide such dates to the

Court Administrator, Court Clerk, Chief Probation Officer, and City Attorney's Office, and

court activities on such designated dates will be limited to those court sessions as noted

in Rule 9.4.

9.6 Cases may be transferred between divisions of the court by agreement

of the judges for judicial economy. Otherwise, cases assigned to the docket to any

municipal court judge should not be heard or handled by another municipal court judge

absent compelling circumstances or pursuant to the agreement of the parties.

RULE 10: GENERAL RULES OF COURT DECORUM AND SAFETY

10.1 No person shall be permitted in the working area of the judges, clerks,

bailiffs, service officers or probation officers unless so authorized by the Court, the Court

Administrator, or the immediate supervisor of the particular department.

10.2 Any attorney desiring to confer with an incarcerated defendant being held

in the Court's holding facility shall first obtain permission from the Court.

10.3 Law enforcement officers shall be subject to the rules enumerated in Rule

No. 10.1 and shall further be subject to the following rules:

A. Law enforcement officers who are witnesses in Court shall be

quietly seated in such places as may be permitted or designated by the

Court.

B. Inquiries by law enforcement officers respecting those cases

pending on the current day's dockets in which they are scheduled

witnesses shall be made to the Prosecutor’s Office or Police Liaison

Officer prior to the commencement of the docket call therein, or following

the final disposition of such docket, or at such time the Court is not in

session. Such inquiries by law enforcement officers are not to be directed

to the courtroom docket clerks while court is in session.

10.4 No weapons are permitted in court except as carried or possessed by law

enforcement officers, or as needed for evidence in court.

10.5 At the discretion of the city security staff, the Court Bailiff, or the Court,

and upon a reasonable suspicion that any person on the third floor of City Hall (or in any

other place in which the municipal court and its staff may conduct business of the court)

may be carrying or concealing drugs, a weapon, explosives, or other dangerous

material, such person may be subjected to a more intrusive search or searches as may

permitted by federal and state constitutional and statutory law as may be appropriate for

the safety of court personnel and visitors.

10.6 All persons on the third floor of City Hall are to conduct themselves in a

manner consistent with, and appropriate to, the operation of a court of law. All persons

in or near any courtroom or any of the business or office areas of the court clerk,

probation staff, city public defender staff or city prosecutors are to conduct their

conversations and other activities in such a manner as not to disrupt the business and

operations of the municipal court, the judges, the municipal court staff, and court

personnel. Any such misconduct may be punishable by contempt of court and other

criminal sanctions.

10.7 Persons bringing children to the third floor are to keep such children

within adult supervision and reasonably quiet so as not to disrupt the business and

operations of the municipal court, the judges, the municipal court staff, and court

personnel.

10.8 While court is in session the bailiff of the court shall protect the judge and

court staff from non-court personnel who may attempt to approach the bench, clerk

station, witness stand, or attorney tables except as otherwise directed or permitted by

the judge, the clerk, or by the attorneys involved in such person’s case before the court.

10.9 All personal or portable telephones, computers and other electronic

devices brought into a courtroom must be turned off while court is in session. Any

audible electronic equipment creating noise in the court room which is not authorized by

the Court is subject to confiscation, and the person who possessed such item may be

subject to contempt of court or other appropriate sanctions by the Court.

10.10 All persons attending court while court is in session are expected to be

dressed appropriately for the dignity and decorum of a court proceeding. All persons

attending court should wear, at a minimum, a shirt (or blouse, sweater, etc.), pants, dress

or skirt, and shoes. Excessively short dresses or shorts, sagging pants, tank tops,

sleepwear and swimwear are not deemed to be appropriate attire for court proceedings.

Anyone entering the courtroom in such attire may be asked to adorn clothing supplied

by the court or to wait in a designated area until they can be seen in court. Hats should

be removed in the courtroom.

10.11 Food and drink should not be brought into the courtroom except upon the

express permission of the Court.

RULE 11: COURT APPEARANCES - FAILURE TO APPEAR

11.1 The Court may compel the appearance of an accused person at every

court appearance. The Court may permit appearance, pleas and judgment (including

sentencing where state law does not mandate fingerprinting or victim rights notification)

of a defendant through the appearance of his or her counsel in the absence of the

accused as to any misdemeanor or traffic infraction which does not carry any possibility

of incarceration.

11.2 Other than in hearings on the termination of diversions and deferred

judgments, no defendant will be tried in absentia, except as permitted by the municipal

court judge upon first determining that:

A. Such defendant appears by and through counsel at such trial; and

B. The defendant has stipulated to, and otherwise waived all

defenses relating to, his or her identity as the accused in the charges

before the court for trial; and

C. The defendant has waived all objections and defenses relating to

hearsay and confrontation issues concerning the admissibility of

statements purported by a witness at such trial to have been made by

such defendant out-of-court; and

D. The defendant has waived all objections and defenses

concerning the municipal court’s jurisdiction over the person of such

defendant in the matter at trial.

11.3 No defendant will be permitted to be sentenced in absentia following

conviction for any traffic or criminal offense in which:

A. Federal, state or local laws require the fingerprinting following

conviction for such offense;

B. federal, state or local laws require notification of the victim as to

the sentencing date of the accused;

C. where such defendant has any outstanding warrants in the

Municipal Court of the City of Wichita and remains a fugitive from justice

upon such outstanding warrants; or

11.4 In all cases in which a defendant represents himself or herself, without

the benefit of counsel, said defendant must appear before the Court in person.

11.5 Every defendant must appear in person for every hearing, trial and

sentencing date scheduled in his or her case except when (1) given specific permission

by the court prior to such hearing, trial or sentencing date to be absent and (2) such

defendant is represented by counsel appearing for said defendant with a written waiver

of appearance and grant of authority to dispose of all charges in such case executed by

the accused.

11.6 If a duly summoned defendant shall fail to appear before the court at the

time and place scheduled, or rescheduled, the Court may order a warrant for the

defendant's arrest, note default on conditions of the defendant's bond and forfeit said

bond.

11.7 If a defendant fails to appear, he/she may appear on the Pro-se Walk-In

Docket the next available business day to see a judge about the missed appearance

and request the warrant be lifted and the case be rescheduled for court.

11.8 Every defendant placed on any form of probation or parole following

conviction in the municipal court shall during the term of such probation or parole keep

the Clerk of the Municipal Court (or Municipal Court Probation Officer if such defendant

has been placed upon a reporting probation following conviction) advised of any change

of such defendant's current address and telephone number within two (2) days of such

change of address or telephone number. Failure of a defendant to comply with this rule

may be deemed sufficient grounds for the revocation or modification of the conditions of

probation or parole.

11.9 The failure of a defendant to appear at any appearance as ordered by

the court may be deemed by the Court to create a rebuttable presumption that the

existing conditions of the defendant's bond are insufficient to secure his or her

appearance for any future court date, and that the Court should modify the conditions of

the accused's bond before permitting the accused to be released again prior to trial or

prior to sentencing.

11.10 The failure of a defendant to appear for trial or sentencing may be

deemed by the Court to create a rebuttable presumption that the defendant will not again

appear for a subsequent trial or sentencing date unless a sufficient surety, or cash only,

bond is satisfied by the accused.

RULE 12: GENERAL PRACTICE AND PROCEDURE

12.1 For any legal proceeding, the court may determine that an interpreter

is needed upon the request of the Limited English Proficient Person or his or her

attorney or other advocate. If no such request is made, but if the court reasonably

believes that an individual is a Limited English Proficient Person, the court shall

examine this individual in open court. This examination shall consist of open-ended

questions that will provide the court with the information necessary to determine

whether the individual has a limited ability to speak or understand English. The court

should appoint an interpreter if it determines that the individual is a Limited English

Proficient Person. The court shall also provide a qualified sign language interpreter

for deaf or hard of hearing persons who are involved in any legal proceeding as a

litigant, witness, or victim.

12.2 All pleadings, briefs, and other papers prepared by attorneys or litigants

for filing in the courts shall, unless the judge specifically permits otherwise, be typed with

black ink on one side only of standard size (8 ½" x 11") sheets and shall include the

name, address, and telephone number of the attorney (or of the defendant, if the

defendant has no attorney) filing them. Typing shall be double-spaced except that single

spacing may be used for subparagraphs, legal descriptions of real estate, itemizations,

quotations, and similar subsidiary portions of the instrument. The Municipal Court

docket number (if available) and the Wichita Police Department case number must be

included with the caption upon each pleading to be filed.

12.3 In the absence of a specific directive by the court, the original of a

pleading, brief or memorandum shall be filed with the Clerk of the Municipal Court and

a copy shall be mailed or delivered to the judge handling the matter at his or her

chambers. Copies of briefs, memoranda or communications shall be forwarded to other

counsel of record. This rule does not supersede the requirement of any specific statute,

ordinance or rule as to the filing of documents.

12.4 The records of the Clerk's Office are open to the public as provided in

K.S.A. 45-215 through 45-223. Copies of such records may be provided, where

permitted by law or by order of the Court, at a reasonable reproduction cost to be set by

the Court Administrator. Non-court personnel or other persons not employed by the

municipal court who request access to, or copies of, such records may be required to

wait a reasonable time for such access or copies of court records per the administrative

discretion of the Court Administrator based upon the other duties and responsibilities of

the court staff.

12.5 No court file or record of the court shall be permitted to be outside of the

physical possession and control of the clerk or judge except to counsel of record in the

case or other officer of the court with the permission of the court clerk or a judge and

subject to being returned immediately upon request.

12.6 No court file or record shall be taken outside of City Hall.

12.7 Whenever a judge shall make a ruling on a motion or application of any

kind, and there are parties affected who have appeared in the action at a prior time, but

who are not then present either in person or by their attorneys, the judge shall cause

written notice of such ruling to be mailed to the parties or attorneys forthwith.

12.8 All matters taken under advisement by a judge shall be decided with

dispatch. If, however, the matter is not decided within thirty (30) days after final

submission, within five (5) days thereafter the judge shall file with the Chief Judge a

written report setting forth the title and the number of the case, the nature of the matter

taken under advisement, and the reasons why a judgment, ruling or decision has not

been entered.

12.9 In all contested matters submitted to a judge including pretrial motions,

the judge shall state the controlling facts and the legal principles controlling the decision.

If evidence was admitted over proper objections, and the judge does not specifically

state in such decision that such evidence was not considered, then it shall be presumed

in all subsequent proceedings that the evidence was considered by the judge and did

enter into his or her decision.

12.10 Except as otherwise directed by the municipal court judge, the court's

notations and memoranda upon the disposition sheet in a docketed case, or upon the

citation in a case not yet docketed for a court appearance, shall serve as the journal

entry of judgment and sentencing. In those cases in which the court directs counsel to

prepare a formal journal entry, such counsel preparing the journal entry shall, within ten

(10) days (unless another time is specifically directed by the judge) serve copies thereof

on all other counsel involved who shall, within ten (10) days after service is made, serve

on the counsel preparing said journal entry any objections in writing. At the expiration

of the time for serving objections, counsel preparing said journal entry shall submit the

original, together with any objections received, to the judge for approval. If counsel

cannot agree as to the form of the journal entry, the judge shall settle the journal entry

after a hearing. Orders or other documents containing rulings of the judge other than

judgments shall be prepared in accordance with the directions of the judge.

12.11 Neither photographic, audio nor electronic recording shall be allowed on

the third floor of City Hall except upon prior notice being given to the court administrator

and as permitted by the Chief Judge pursuant to guidelines consistent with Supreme

Court Rule 1001.

12.12 No records which are required by city, state or federal law to be preserved

shall be destroyed.

12.13 Electronic filing through the transmission of a document to the court shall

be permitted for the following pleadings:

A. Entry of Appearance

B. Written requests for the Clerk of the Court to pull case files or

records at the request of the attorney of record in such case

C. Notice and Order for Continuance with defendant’s approval

D. Motions to withdraw as counsel of record

12.14 Any person requesting withdrawal of a warrant, release from custody of

any prisoner, modification of bond, or modification of conditions of probation or parole,

must first take such request to the municipal court judge entering the order from which

such relief is requested, or wait to address such matter before the municipal court judge

scheduled to hear the next regularly scheduled docket appearance, hearing or trial in

such matter. If such municipal court judge is not available due to absence, illness, or

disqualification, the person making the request for relief may take the matter before the

Chief Judge or another regularly appointed municipal court judge if he/she is not

available. Violation of this rule for any reason is prohibited and may result in sanctions

being imposed by the Court.

12.15 Once a uniform citation and notice to appear is filed with the court, the

only additional handwritten information which may be added to such citation shall be:

A. A court clerk’s notations relating to any oath given thereupon or

relating to the filing and docketing of the charges alleged upon such

citation; or

B. A prosecutor’s notations relating to the dismissal or amendment

of one or more charges alleged within such citation.

No other writing upon such citation, or amendments to charges originally alleged upon

such citation, shall be allowed by the court to be made upon the citation itself once such

citation is filed with the clerk of the court.

12.16 No judge shall enter a sentence or other final disposition upon the

citation form of a uniform citation and notice to appear as to any pending charges alleged

in such citation. In the absence of a disposition sheet docketing the charges alleged in

the uniform citation and notice to appear the only proper method for disposition of such

charges will be either:

A. By the prosecutor’s dismissal of all such pending charges on the

face of such uniform citation and notice to appear; or

B. By the defendant’s plea(s) of “guilty” or “no contest” to all pending

charges alleged in such citation coupled with the contemporaneous

payment of the scheduled fine and costs, where permitted by ordinance

or court rule.

RULE 13: DIVERSIONS AND DEFERRED JUDGMENT PRACTICE

13.1 Diversion and deferred judgment applications must be submitted to the.

Court in accordance with the procedures set up for each specific program. Acceptance

on the Diversion Program is at the discretion of the City Law Department as prescribed

by Kansas State Statute 12-4412 through 12-4418 and by city ordinance. Acceptance

upon the Deferred Judgment Program is at the discretion of the City Law Department as

prescribed by City Code Section 1.06.010 et seq. Procedural information and

application forms are available in the Municipal Court Clerk's Office; in the City

Prosecutor’s Office and the City of Wichita website.

13.2 Strict adherence to the time limits established by the policies of the City

Prosecutor’s Office for filing such diversion or deferred judgment applications will be

required by the Court. The Court is not required to permit continuances of hearings or

trials to allow the accused to prepare or submit a diversion or deferred judgment

application out-of-time.

13.3 The Court, in its sound discretion, may refuse to allow the parties at trial

to apply for, or enter into, a diversion or deferred judgment program. On the day of a

scheduled trial in such matter the Court will be reluctant to grant a continuance for the

purposes of applying for diversion unless the defendant waives his right to a trial in

municipal court in the matter whether or not the application for diversion or deferred

judgment is granted or denied. The defendant will be required to sign a written Order of

Disposition or Apply for Diversion out of Time form at the time the continuance is

granted.

13.4 It is the duty of any defendant who applies for, or who is granted,

diversion or deferred judgment, to keep the City Prosecutor’s Office and the Diversion

or Deferred Judgment Coordinator advised of his or her current address, employment

and telephone numbers. By submitting an application for diversion or deferred

judgment the defendant agrees to accept service by mail at such defendant’s last

known address of any hearings or other court proceedings in such case, including any

motion by the prosecution to terminate the diversion or deferred judgment previously

granted.

13.5 The failure of a defendant to appear for hearing on a motion for

termination of a diversion or deferred judgment program upon notification by mail to his

or her last known address shall be deemed sufficient grounds: (1) for the granting of

such termination motion by the Court in the defendant’s absence; (2) for the entry of

conviction pursuant to the accused’s prior plea of guilty or no contest; (3) for the entry

of conviction pursuant to any diversion or deferred judgment agreement for a stipulation

of fact; and (4) for the issuance of a bench warrant for the defendant’s arrest. However,

no defendant shall thereupon be sentenced in absentia until the defendant has been

returned to the Court, except in cases involving diversion or deferred judgment for only

traffic infractions.

RULE 14: DISCOVERY

14.1 The Code of Criminal Procedure, including the provisions of K.S.A. 22-

22-3212, and as amended, and Charter Ordinance No. 224, Section 6, shall govern,

insofar as applicable, the procedure for discovery, except as may otherwise be provided

within these Rules.

14.2 Prior to trial the defendant shall have the right to examine all relevant

materials in the possession of the prosecution and the Wichita Police Department by

making a written request to the City Prosecutor, upon approval by a municipal court

judge, and upon payment of the prescribed fee by the Wichita Police Department for the

cost of reproduction of any written reports, videos, tests or other materials. The parties

should be aware that a request for discovery filed with the Wichita Police Department

Records Divisions will produce only those written materials available in the WPD Case

file jacket at the time of such request. It remains incumbent upon the parties to check

and to confer prior to trial or disposition of the case for any additional written reports,

memoranda or other materials which (1) may be transcribed or filed in the WPD case

jacket subsequent to the request for discovery; and ( 2) may be located outside the WPD

case jacket (i.e., police officer personal notes, police dispatcher tapes, video tapes,

breathalyzer logs, radar certification, and items held in the WPD Property and Evidence

Division, etc.).

14.3 If a defendant is represented by counsel, then only such counsel is

entitled to discovery pursuant to Rule No. 14.2. If a defendant is not represented by

counsel, and has executed a waiver of counsel form approved by a municipal court

judge, such pro se defendant may obtain discovery pursuant to Rule No. 14.2.

14.4 If a defendant is indigent, the court may order that the reproduction or

duplication fees for discovery under Rule No. 14.2 be waived in the interests of justice.

14.5 If discovery is requested by the defense pursuant to the provisions of this

Rule, the defense shall thereafter disclose any reciprocal discovery as required by law,

including notice of any defense of mental defect or disability affecting criminal intent,

scientific reports, and notice of alibi defense.

14.6 Whenever either party refuses to approve a written request for discovery,

the requesting party shall set a discovery motion for hearing pursuant to the Rules herein

relating to Motion Practice and to Pre-Trial Conference and Motion Dockets.

RULE 15: MOTION PRACTICE

15.1 The Code of Criminal Procedure (K.S.A. 22-3208 et seq.) shall govern,

insofar as applicable, the procedure for the filing, service and hearing of motions except

as otherwise specified within the Rules of the Municipal Court. Time computation

standards in K.S.A. 60-206 shall govern when determining whether motions were filed

in a timely manner, except as otherwise specified within the Rules of the Municipal Court.

15.2 All motions, other than standard discovery matters not requiring

argument or evidentiary hearings, shall be timely filed with the Court Clerk and copies

sent to the adverse party and delivered to the judge assigned to hear the case. The

party filing the motion is responsible for providing a timely written notice of hearing upon

such motion to opposing counsel, or if none, to the adverse party seven (7) days in

advance of hearing and disposition thereof.

15.3 All motions, other than a standard discovery request, are to be set for

hearing unless an agreed and stipulated order can be approved by both the defendant

and by the prosecutor. Motions requiring hearing shall be set at such other time and

date at the discretion of the judge hearing such motion, and with not less than seven (7)

days’ notice to the parties affected. If the matter is urgent, notice shall be given as is

reasonable and possible under the circumstances. Nothing in this rule shall be

construed to prevent the parties, acting through their respective counsel, from agreeing

on a date for a hearing on a motion or trial of the action on its merits provided counsel

first receives the approval of the date from the judge to whom the action is assigned.

15.4 Every motion made in writing which seeks a ruling on some part of the

merits of the action may be accompanied by a short memorandum setting forth (a) any

reasons for the motion not fully stated in the motion itself, and (b) the citation, without

extended elaboration, of any authorities which it is necessary for the judge to consider

in ruling upon the motion. An adverse party may serve and file a similar memorandum

in opposition to the motion. In the absence of any request by either party for oral

argument in accordance with this Rule, the judge may set the matter for hearing or rule

upon the motion forthwith and communicate the ruling to the parties.

15.5 With the consent of the Court all pre-trial motions and matters requiring

a ruling prior to a trial on the merits, and after prior notice to opposing parties or counsel,

may be oral and informal, and heard on the day of trial.

15.6 Motions to suppress evidence in a given case must be made in writing,

filed and served on opposing parties or counsel no less than seven (7) days before the

scheduled trial on the merits of the case, unless evidence subject to suppression arises

in the course of trial as a matter of legitimate surprise during such trial.

15.7 All applications for disqualification of a judge shall be in writing, in affidavit

form and certified by the defendant, and comply with the following guidelines:

A. Such affidavit may be filed no later than three (3) days prior to the

commencement of trial and shall recite that the party cannot have a fair

and impartial trial by reason of the interest or prejudice of the judge, or

for other grounds provided by law.

B. Only one such affidavit shall be filed by the same party in the case.

C. Where such application for disqualification of a municipal court judge

is filed, the judge sought to be disqualified shall first be assigned to hear

the request; such judge may, in his or her discretion, transfer said motion

or cause to another municipal judge for hearing, or deny the application.

D. Where a municipal court judge refuses to recuse himself or herself

from a case upon request of one of the parties, such party may then take

such application to the Chief Judge for further review of the denial of the

disqualification application.

E. A judge to whom a case is assigned shall accept that case unless he

or she voluntarily elects to recuse himself or herself, or within the sound

discretion of the chief judge, the interests of justice require that the case

not be heard by that judge.

Failure of the party requesting disqualification of a judge to comply with this Rule shall

be deemed to be sufficient ground, in the discretion of the Court, for overruling such

request.

15.8 When a court is called upon to rule on a motion, the elapsed time between

final submission of the motion and the ruling thereon shall not exceed thirty (30)

days, except that the ruling time on the constitutionality of a city ordinance shall

not exceed sixty (60) days.

RULE 16: DOCKET CALL, ARRAIGNMENT, AND TRIAL PRACTICE

16.1 The procedures for the call of dockets of the courts shall be established

by the judges handling such dockets and pursuant to the policies and procedures of the

court.

16.2 The conduct and demeanor of attorneys when present during any court

proceeding shall reflect respect for the dignity and authority of the court, and the

proceedings conducted in court shall be maintained by the court as an objective search

for the applicable facts and the correct principles of law. Attorneys at law should be

dressed appropriately for the dignity and decorum of a courtroom proceeding for any

appearance, hearing or trial scheduled for any courtroom on the court’s docket.

16.3 An attorney must stand when addressed by the judge or when speaking

to the judge, unless leave is granted to counsel to remain seated. Unless the judge

specifically prescribes otherwise, an attorney must stand when interrogating a witness

and should refrain from moving about except as may be necessary for the presentation

of exhibits or other assistance to the court.

16.4 Except as the judge may specifically permit otherwise, only one attorney

may examine or cross-examine a witness on behalf of all parties united in interest.

16.5 Exhibits offered and received in evidence by the Court shall, at the

conclusion of hearing or trial, be returned to the offering party or his or her counsel

unless otherwise ordered by the Court. Counsel withdrawing an exhibit shall have it

available for use by either party at a subsequent trial or upon appeal. Exhibits not

withdrawn within six (6) months after final determination (including expiration of time for

appeal) may be destroyed or otherwise disposed of as the court directs after notice to

counsel.

16.6 No defendant or attorney appearing will be permitted to continue, to set

for hearing, or to try any case before the municipal court if such defendant is not

personally present in court when such defendant has outstanding municipal court

warrants pending against him or her or when such defendant is otherwise a fugitive from

justice in any other matter before the Municipal Court. No defendant will be permitted

to be represented in absentia in any case while failing or refusing to submit to the

jurisdiction of the municipal court in any other case pending before the municipal court.

In such cases the municipal court judge shall note the appearance of the defendant’s

counsel (if any) in absence of the defendant, the fact of the outstanding warrants or other

matters in which the defendant at that time has failed to submit to the jurisdiction of the

court, enter a bond forfeiture therein, and issue a bench warrant for the arrest of such

defendant notwithstanding the appearance by his or her counsel in such scheduled

case, until and unless all such outstanding warrants or show cause orders against such

defendant are set aside by court order.

16.7 No attorney shall be permitted to request the withdrawal of any warrant,

or to continue any case, in which such attorney is not a counsel of record.

16.8 Whenever any defendant has an outstanding municipal court bench

warrant for failure to appear in court on any case, and where such defendant has failed

or refused to surrender in person on such warrant and submit to the jurisdiction of the

municipal court in such case, none of the time from the date such warrant is ordered by

the Court (regardless of the date such warrant may be issued or served) until the

defendant appears personally in municipal court to surrender on such warrants will be

chargeable to the City of Wichita for the purposes of statutory speedy trial in that case

or in any other pending case in which such defendant is charged. So long as a

defendant remains a fugitive from justice in any municipal court case for failure to appear

as directed as a condition of bond or release from custody, such defendant may not take

advantage of the protections of the statutory speedy trial protections provided by K.S.A.

22- 3402, and as amended.

RULE 17: CONTINUANCES

17.1 An accused person entering a plea of not guilty, or for whom the Court

entered a plea of not guilty, shall be tried on the earliest practical day set by the court,

unless a trial is continued for good cause; provided that an accused person in custody

shall be tried on the earliest day that the Municipal Court convenes unless trial is

continued upon motion of the accused person and for good cause.

17.2 Requests for continuances of a trial date, may be granted only in

exceptional circumstances and for good cause shown after a hearing is held upon the

request, or with no objection by the opposing party, and upon a judge's approval. Parties

requesting a continuance must provide prior notice to opposing counsel. If such request

is being made by the defense, a written Notice and Order of Defendant’s approval of

continuance must be filed with the court prior to or at the time of the trial setting.

17.3 Where no request for a continuance has been made by the defendant,

and where the defendant fails to appear for trial, or should the defendant appear but is

unable to proceed at trial for any reason, then the court costs incurred to that point,

including the costs of subpoenaing witnesses, may be assessed against the defendant.

17.4 The Court may, in its discretion, when continuances are requested

because of illness of any party, require that the evidence of such illness be provided to

the court.

17.5 Except as otherwise permitted within these rules, a first appearance or

arraignment date in a criminal, drug or traffic case may be extended once by the clerk

of the municipal court for a period of not to exceed thirty (30) additional days at the

request of the attorney of record in the case. No such extension will be granted by any

court clerk without a judge's consent in cases in which a defendant is charged with a

violation of Driving under the Influence of Alcohol and/or Drugs or where such defendant

is charged with any criminal offense filed pursuant to the Domestic Violence ordinances

of the City of Wichita.

17.6 Upon any first appearance or arraignment a defendant may request the

court for a continuance of up to thirty (30) days, within the discretion of the court, without

setting the matter for trial.

17.7 All other continuances or extensions of time shall only be granted by

order of the judge.

17.8 Defendants at arraignment or first appearance wishing to retain counsel

shall be given at their request one continuance not to exceed thirty (30) days for such

purposes; the privilege of requesting a continuance shall not be abused once the

accused has been given reasonable opportunity to contact and retain counsel of his or

her choice.

17.9 Defendants at arraignment or first appearance wishing to apply for

diversion, deferred judgment, or desiring additional time to produce documentation or

credentials pursuant to potential plea negotiations, shall be given one continuance not

to exceed thirty (30) days for such purpose. The privilege of requesting a continuance

shall not be abused by the accused once given a reasonable opportunity to file such

diversion or deferred judgment application or to produce such documentation or

credentials.

17.10 If after sixty days from the first appearance the accused has not disposed

of the charges in the case without trial, and has not yet obtained appointed or retained

counsel or waived counsel, the Court shall make appropriate inquiries and enter

appropriate orders to resolve such issues. In such circumstances, and if none of the

charges alleged carry any possibility of jail time being imposed, the Court may set the

matter for trial and direct the defendant to appear for trial and be ready to try the case

at the time and date specified either with or without counsel. If any of the charges alleged

against the accused carry any possibility of the imposition of a jail sentence, the Court

should resolve the issue of counsel by obtaining a written waiver of counsel from the

defendant, by the appointment of counsel for the defendant, or by entry of appearance

by retained counsel, and such case should be set for trial absent the entry of a plea of

guilty or no contest.

17.11 Additional continuances requested more than sixty (60) days following

first appearance or arraignment should not be granted by the Court following the entry

of appearance simply to obtain proof of insurance, a valid driver’s license, or other

documentation which the defendant wishes to obtain before trial or disposition of the

case. In such circumstances the Court should resolve the issue of counsel for the

defendant and thereafter set the matter for trial.

17.12 The court, in its discretion, may use a telephone conference call or other

electronic means of communication to conduct any emergency request for a

continuance, or where the prosecutor and the defense have agreed to a continuance

prior to the trial or sentencing date.

17.13 Continuances requested more than sixty (60) days following first

appearance or arraignment for any reason other than for trial, or disposition following

waiver of trial, are not favored by the court. Such continuances should only be granted

under exceptional circumstances involving medical emergencies or other compelling

circumstances.

17.14 Continuances requested on the day of trial are not favored by the court,

and both the prosecution and defense should be fully prepared to dispose of any and all

cases on the trial docket at the time of the scheduled trial. Cases on the trial docket

should be disposed of by trial, plea, or dismissal, on the day of trial unless a bond

forfeiture is at the time ordered for the accused’s failure to appear. Any other method of

continuing or delaying of the disposition of the charges from the trial date is not favored.

17.15 Motions for continuances on the day of trial based upon the failure of a

witness to appear will be determined upon the following factors:

A. The good faith efforts of the party requesting the continuance to

obtain the attendance of the witness for the scheduled trial date;

B. whether a legally sufficient subpoena was timely issued and

served in compliance with K.S.A. 60-245, and amendments thereto, at

the request of the party requesting the continuance (see Charter

Ordinance No. 224, Section 7 [a]);

C. whether the party requesting the continuance was misled by the

absent witness regarding the willingness to appear in court without a

subpoena;

D. whether the reason for the absence of the witness can be

ascertained, and such reason was based upon an unexpected

emergency or illness;

E. whether the absence of the witness could, or should, have been

known to the requesting party by due diligence prior to the date of trial;

F. the pre-trial efforts, if any, of the party requesting the continuance

at the time of trial to advise opposing counsel and the court of the problem

relating to the attendance of the witness subpoenaed the scheduled trial;

G. the prejudice and inconvenience which would be suffered by the

parties, by the victim(s) and by the witnesses, if the motion for

continuance is granted or denied by the court;

H. the delay of the party requesting the continuance in notifying the

court and opposing counsel until trial or during the trial docket while other

witnesses are present or available for trial; and

I. any other relevant circumstances made known to the Court at the

time of the request for continuance.

17.16 Cases on the trial docket may not be continued pursuant to request made

for the first time on the day of trial except upon exceptional circumstances, whether or

not the parties in such case have agreed to the requested continuance. Neither the

failure nor neglect of an attorney to give actual notice of a trial to a defendant, nor the

failure of the defendant or his counsel to prepare for a scheduled trial date, nor the failure

of a defendant to meet the financial obligations of his contract with defense counsel,

shall ordinarily be deemed to be “exceptional circumstances” justifying a continuance on

the day of trial. The Court is ethically obligated to report any neglect or failure of counsel

in such circumstances to the attention of the disciplinary administrator.

17.17 Once all charges set for trial in a case have been disposed of by plea or

trial, the court may, within its discretion, continue the matter for the preparation of a pre-

sentence report, the sending of victim notification of a sentencing date, or for

determination of restitution prior to sentencing or otherwise continue the matter for

sentencing.

RULE 18: DISMISSALS

18.1 Prior to trial the dismissal of a traffic charge, complaint or notice to appear

shall be at the sole discretion of the prosecutor unless the Court finds:

A. that the complaint fails to allege a criminal offense; or

B. the dismissal is otherwise permitted by ordinance, statute,

common law, or constitution as a sanction for pre-trial delay or serious

misconduct attributable to the prosecution prejudicing the defendant’s

right to a fair and speedy trial; or

C. such dismissal is the result of the prosecutor's failure or inability

to proceed on the scheduled day of trial, and in the discretion of the court,

such failure or inability to proceed is not excusable.

18.2 Dismissals prior to the commencement of trial are generally deemed to

be dismissals without prejudice, allowing leave to the prosecution to refile the matter

within the applicable time standards relating to the statute of limitations and speedy trial.

18.3 The Court should not dismiss a case with prejudice unless jeopardy has

attached by the commencement of trial and where required by law or where the totality

of the facts and circumstances giving rise to such dismissal make such a drastic remedy

or sanction appropriate due to prosecution or police misconduct so gross as to

irretrievably violate the substantial rights of the defendant.

RULE 19: COSTS, FEES AND CONDITIONS OF RELEASE AFTER SENTENCE

19.1 In any case resulting in a conviction the Municipal Court shall assess

costs against the defendant as provided by Charter Ordinance No. 224, Section 2, City

Code Section 1.04.070, and as provided herein in these Rules.

19.2 The assessment and imposition of court costs against a defendant

following conviction is mandatory, and the Court shall not waive, remit, suspend, parole

or otherwise excuse the payment of costs except as permitted by City Code Section

1.04.070.

19.3 Such costs as assessed shall be collected by the Clerk of the Municipal

Court with the assistance of such other agency as may be approved by the court, by the

court administrator or by the City of Wichita.

19.4 Whenever any defendant convicted and sentenced by the municipal court

is ordered to pay fines, costs, restitution or reparations, or to obey specific conditions of

probation or parole which will require such defendant to provide proof of completion of

some program or treatment, or of possession of valid driver's license or insurance, or

such other proof of completion of some task given to the defendant as a condition of

probation or parole, and such defendant is not placed upon a formal reporting probation,

the court shall require said defendant to appear in court for purpose of review of such

conditions. If such defendant has paid all monies due, and completed all such tasks

assigned to him by the court, and provided proof to the court of completion of all such

tasks assigned to the defendant, the defendant at the court’s discretion may be excused

from attendance at the review date, and such case may be closed by the clerk. If the

defendant has not paid all such monies due and/or provided such proof of completion to

the court, such defendant must appear in person before the judge on the review date at

the time designated to request an extension of time in which to complete payments and

to provide such proof and to avoid the issuance of a warrant for his or her failure to

appear in court as ordered.

19.5 No defendant still owing fines, costs, restitution or reimbursements shall

be released from the reporting requirements of any reporting probation or reporting

parole imposed in a case except at the discretion of the judge assigned to the case.

19.6 The failure of a probationer or parolee to conform to the conditions of his

reporting probation or parole should be first addressed by the probation officer

personally with the defendant, if possible. If the defendant continues to report as

required, but otherwise violates the conditions of such probation or parole, the probation

officer is empowered by the court to detain such probationer or parolee appearing in City

Hall temporarily so that the municipal court judge may on that business day review the

matter for possible forthwith revocation or reinstatement of such probation or parole. If

a defendant fails to report to the probation officer as required by the conditions of his

probation or parole, and for good cause shown under oath or affirmation, the municipal

court shall issue a warrant for the forthwith arrest of the accused pending hearing on the

allegations contained in the probation revocation request.

RULE 20: POST-TRIAL MATTERS

20.1 All post-trial motions, may be made orally to the Court at the conclusion

of the trial of a case. Any post-trial motion made subsequent thereto must be in writing

and accompanied by reasonable notice to the Court and adverse parties.

20.2 Copies of post-trial motions, if in writing, must be duly served upon

adverse parties. All post-trial motions challenging a conviction or sentence imposed in

a municipal court case must be filed no later than ten (10) days from the date of

sentence.

20.3 Any post-sentencing motion (other than appeal) challenging, or to set

aside, the conviction or judgment, or to grant expungement of conviction, shall not be

accepted by the clerk of the court without the payment of a fee of $75.00, unless such

fee in waived upon grounds of the movant's indigence by order of the court.

20.4 Once a judge has made a determination of guilt following a plea or trial

and has ordered a pre-sentence investigation, imposed a sentence or granted a parole

or probation, such judge entering such order(s) shall normally determine all matters

concerning such case to the exclusion of another judge. Where a defendant has been

convicted at trial, or by plea of guilty or no contest, before a Pro Tempore Judge, that

case may be transferred by the Chief Judge to any other municipal court judge, or judge

pro tempore, for the determination of any post-trial motions and sentencing as may be

appropriate or necessary.

RULE 21: APPEALS

21.1 An appeal must be taken within fourteen (14) days (weekends and

holidays are not excluded) after judgment by conviction and sentence. The notice of

appeal shall be filed with the District Court Clerk's Office and an appropriate appeal bond

will be set by the presiding judge as provided by K.S.A. 22-3609. The appeal fee in

District Court shall be set by the Sedgwick County District Court. Appeal costs in

Municipal Court are $10.00, or as may otherwise be assessed as required by Kansas

Statutes Annotated or by ordinance of the City of Wichita.

RULE 22: EXPUNGEMENT

22.1 The annulment or expungement of municipal court convictions shall be

conducted in conformance with Charter Ordinance No. 224 Section 8. Procedural

information is available in the Municipal Court Clerk's Office.

22.2 Costs in expungement motions shall be assessed per case and shall be

paid at the time of the filing of the motion.

RULE 23: IMPOUND HEARINGS

23.1 Impound hearings will be resolved pursuant to procedures consistent with

City Code Section 11.97.010 et seq. and other ordinances of the City of Wichita and

these Rules.

RULE 24: PUBLICATION OF RULES

24.1 These Rules of Practice shall be printed and published by the Court Clerk

in loose-leaf form and made available for sale or distribution to all members of the Bar

and other interested parties upon request. The Court Clerk shall maintain a copy for

inspection by interested parties during business hours.